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PostPosted: Tue Jun 10, 2014 8:15 pm 
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kjflorida wrote:
Actually I do know it wont be me, based on the law as it now stands. Worst case scenario I am forced to return to playing discs as they were designed to be played. I have players ready and available and would have little difficulty flipping discs again. I would not like having to haul all the extra weight again however


Exactly what law or organization has granted you permission to display the lyrics in public?

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PostPosted: Tue Jun 10, 2014 8:16 pm 
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chrisavis wrote:
Alan B wrote:
Then we would be right back to renting your music. Discs and downloads would be a thing of the past, you would no longer be able to buy/own your music. Here we go again.


That is ultimately where we are going to be anyway. The publishers know that the only way they can truly control the products they own the rights for is to never let anyone actually own a permanent copy of it.

Unlike the days before the Internet - when books, pictures, TV, music, movies could only be duplicated on the exact same media they were recorded to (or something not so easily copied) - practically EVERYTHING can be copied digitally now. Copyright only works when there is scarcity of product that can be controlled.

The cat has been out of the bag for over a decade though and ANYONE with a computer can easily make unlimited copies of just about anything. Scarcity is gone. The only way to monetize things to the degree the publishers want is to restrict how things are distributed without negatively impacting broad sales.

So what I am saying is that the trend of streaming, DRM, and "use without owning" is the trend I told people about a couple years back that WILL be the way content is distributed. The KaraokeCloud is just the first round. Expect more.

Yeah, but you can reproduce iTunes music. They even let you put their stuff on disc. Once you do that, you pretty much have it permanently, because from there you can move it from disc to disc.

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PostPosted: Tue Jun 10, 2014 8:33 pm 
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chrisavis wrote:
kjflorida wrote:
Actually I do know it wont be me, based on the law as it now stands. Worst case scenario I am forced to return to playing discs as they were designed to be played. I have players ready and available and would have little difficulty flipping discs again. I would not like having to haul all the extra weight again however


Exactly what law or organization has granted you permission to display the lyrics in public?

When playing from disc as designed as long as the pro fees are paid by the venues I legally can display the lyrics no problems covered in the written licenses per the publishers who own the rights. Downloads and converted files is a different issue completely.


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PostPosted: Tue Jun 10, 2014 8:43 pm 
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kjflorida wrote:
chrisavis wrote:
kjflorida wrote:
Actually I do know it wont be me, based on the law as it now stands. Worst case scenario I am forced to return to playing discs as they were designed to be played. I have players ready and available and would have little difficulty flipping discs again. I would not like having to haul all the extra weight again however


Exactly what law or organization has granted you permission to display the lyrics in public?

When playing from disc as designed as long as the pro fees are paid by the venues I legally can display the lyrics no problems covered in the written licenses per the publishers who own the rights. Downloads and converted files is a different issue completely.


I would like for you to produce a link to something that says displaying the lyrics while playing from disc is covered and OK, but playing from a digital file or download is not.

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PostPosted: Tue Jun 10, 2014 8:46 pm 
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Smoothedge69 wrote:
So,How many people here actually think they are going to get sued by ANYONE for using Tricerasoft downloads??? Seriously, how many of you are actually afraid of this outcome??

How many people here ever thought that they would be sues for media shifting product they bought legally? Anything is possible, and even more so now with the giants awake.

I would also point outto KJFlorida that while owning the discs certainly provides some insulation, media shifting them for PC hosting is still a gray, untested area. Like I said, anything is possible...

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PostPosted: Tue Jun 10, 2014 8:53 pm 
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kjflorida wrote:
Smoothedge69 wrote:
kjflorida wrote:
From all the information the Mrs has been getting I suggest you get what you want from Tri as quickly as you can. I am convinced the option will be unavailable for KJ's in the USA a lot sooner than you think.

Then there will be NO source for new songs. Oh well. That will be a sad day. Of course the cheerleading squad will be happy about it. They seem to be happy about ANYTHING that makes getting songs harder to do, and keeps us stuck in the dark ages of media.

A very 'sad day' is coming. If you have paid attention to what has been happening you already see that. The publishers can and will shut off access to new music until they are able to control the situation. I do not know of anyone that rejoices in that fact. Until the laws are changed here in the USA we are stuck in the dark ages of physical media.


I mentioned this before, and agree completely to a point. I think the P/Os will wait out current licensing with very few new issues. When all is said and done, I think they will assume control of the industry directly.

Extremely limited sourcing, much more expensive to buy, possible added fees, etc...

The only good news would be that the tracks will probably be all originals.

However, I believe that we will be going through a long dry period first.

Also, I foresee a return to some sort of copyright protected physical media. Otherwise they will be in the same boat in six months....

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PostPosted: Tue Jun 10, 2014 10:14 pm 
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What? The sky is falling?
Not quite. There is still hope.
Two weeks ago ASCAP submitted a list of licensing reform recommendations to Congress in an effort to clear up many of their concerns for the future that happen to also align with some of our concerns; and their list also gives definitive answers to some of the perennial questions that pop up in this forum.
Here's a link to the document:
http://www.copyright.gov/docs/musiclice ... S_2014.pdf
It's provides a good explanation of the current problems with music licensing and some good solutions.

From page 18:
Quote:
Licensing of Multiple Rights in Musical Works
The public performance right licensed by ASCAP on behalf of its members is only one of several exclusive rights provided to copyright holders of musical compositions.
Other rights include the right to reproduce and distribute musical works as phonorecords (often referred to as the “mechanical right”); the right to use a recording of a musical work in timed relation with visual images, for example as part of a motion picture or television program (the “synchronization” or “synch right”); and the right to print or display a composition’s lyrics (the “print right”). At present, AFJ2 prohibits ASCAP from accepting grants of or licensing any right beyond the right of public performance.
That looks like the proof we're looking for that lyric display is not covered under the public performance license, and the proof that discs are no different than downloads in that regard.

Continuing from page 18:
Quote:
Mechanical and synch licenses are negotiated individually by music publishers or their agents (such as the Harry Fox Agency), with fees typically paid to music publishers, who in turn pay the requisite royalties to songwriters under their separate songwriter agreements.
This division of licensing was sufficiently convenient in the traditional analog world in which licensees rarely needed licenses for multiple rights. For example, broadcast radio stations had no need for anything beyond a public performance license, while record companies only needed mechanical licenses in order to sell records or CDs. The introduction of digital technology, however, has changed the traditional licensing environment. New media music users often require licenses for multiple rights. A wide variety of digital music services display lyrics as songs are streaming, necessitating both public performance and print licenses.

If ASCAP's solutions for this are adopted and they are allowed to offer multiple forms of licensing, not only will our concerns about the display be resolved but manufacturers will be able to secure the sync licensing along with all the other licensing necessary to create a karaoke track through one stop shopping making their production easier and giving us access to more product.

From page 32:
Quote:
At the moment, services typically license performance rights through a PRO such as ASCAP and mechanical rights directly from the copyright owner, administrator or a designated agent. As the Office noted in the NOI, mechanical licenses under Section 115 are obtained on a song-by-song basis. ASCAP, in contrast, licenses public performance rights on a blanket repertory-wide basis, and could do the same for reproduction rights.
Accordingly, the licensing of musical works by interactive music services would be more efficient if such services could negotiate with ASCAP for both rights in a single transaction. Indeed, because bundled licensing could extend the benefits of collective licensing to wide range of additional music users, this change should be made more broadly, so that PROs could accept grants of and license all rights in musical works—namely, mechanical, synchronization and print rights in addition to public performance rights. A change of this sort would respond to consumer demand for simplification of the licensing process.


They also address the issues of overseas licensing.
From page 33:
Quote:
ASCAP’s inability to offer bundled licenses is also placing it at a competitive disadvantage with respect to foreign PROs, many of which are already engaged in the process of licensing multiple rights. For example, PRS for Music, the UK PRO, and the Australasian Performing Right Association (“APRA”), the PRO for Australia and New Zealand, license both mechanicals and public performance rights. Similarly, GEMA, the German PRO, licenses synchronization, mechanical, and public performance rights. ASCAP is prevented from competing with these societies over rights other than public performance rights not only in the U.S. marketplace, but abroad as well.
The impact of this asymmetry will only intensify as foreign PROs continue to explore their options for entering new markets by issuing such bundled licenses on a multi-territorial basis.


So here we have someone making an effort to change, it's happening now.
If you like the sound of these recommendations, now is the time to act by writing to your congressional representative to express your support. If anyone is interested in collaborating on composing and submitting a group letter of support to multiple members of congress at once, I would gladly be on board with that.

The sky isn't falling, it's just a little cloudy out there.
I expect for KJs and singers it's likely to be business as usual for quite some time to come.
For manufacturers of licensed karaoke things may be improving soon.
For manufacturers of unlicensed karaoke, I think things are going to heat up.
For publishers, they may want to take their ball and go home, but eventually we will have a new supply of balls.

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PostPosted: Tue Jun 10, 2014 10:47 pm 
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Thank You, Earthling!!!

This is exactly what I was hoping SOMEONE else knew about.

The state of our industry is always changing. There is a lot going on from different fronts. What we hear from anyone ONE person is not the whole story.

All of us can expect to see some changes over the next few years!

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PostPosted: Wed Jun 11, 2014 12:54 am 
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Smoothedge69 wrote:
So,How many people here actually think they are going to get sued by ANYONE for using Tricerasoft downloads??? Seriously, how many of you are actually afraid of this outcome??
I'm willing to bet the publishers are going to start targeting kj's with 'no fly list' artists of ANY manu of any format. If that's the case, i'll be right there with everyone else - disc based or not. But most likely they will first target those playing in clubs NOT paying their PRO fees to begin with. I've already seen that happen here with bars that hire pirate kj's over the years. But wasn't a kj 'target' per se. I think that may change if the laws here don't change.

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PostPosted: Wed Jun 11, 2014 1:23 am 
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Lonman wrote:
Smoothedge69 wrote:
So,How many people here actually think they are going to get sued by ANYONE for using Tricerasoft downloads??? Seriously, how many of you are actually afraid of this outcome??
I'm willing to bet the publishers are going to start targeting kj's with 'no fly list' artists of ANY manu of any format. If that's the case, i'll be right there with everyone else - disc based or not. But most likely they will first target those playing in clubs NOT paying their PRO fees to begin with. I've already seen that happen here with bars that hire pirate kj's over the years. But wasn't a kj 'target' per se. I think that may change if the laws here don't change.

I doubt it. There is no money in it. They may be able to get money from the big Karaoke companies, but there is nothing to be gained by going after single ops.

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PostPosted: Wed Jun 11, 2014 1:41 am 
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Only time will tell. Or they will start targeting the bars that aren't paying a lot harder than they do now.

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PostPosted: Wed Jun 11, 2014 2:31 am 
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HarringtonLaw wrote:
Just asking if something is legal and accepting the answer blindly isn't much of a defense, and it will not keep you from being sued--or from losing. It *might* keep your damages down, but then again it might not.
Then what are we supposed to do? If I ask the bar owner if he's paying his ASCAP and BMI fees, am I not supposed to take him at his word? Am I supposed to call ASCAP and BMI to make sure he's not lying?

I'm sorry but this has gotten so out of hand it's pathetic. I realize that people lie but I'd also like to believe that most are honest and should be given the benefit of the doubt.

So, if that bar owner says "yes, I'm paying my ASCAP and BMI fees", I will take them at their word. I have no reason not to and I certainly don't have the time to investigate whether or not they're telling the truth.

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PostPosted: Wed Jun 11, 2014 2:52 am 
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Lonman wrote:
I'm willing to bet the publishers are going to start targeting kj's with 'no fly list' artists of ANY manu of any format.

So, if you already purchased the discs that these artists are on BEFORE the "no fly list" went into effect, can you still use them in your shows?

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PostPosted: Wed Jun 11, 2014 6:17 am 
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HarringtonLaw wrote:
MrBoo wrote:
So this means I should audit SC licensing for every SC disc that I own? :mrgreen:


You should seek to do as much auditing as it takes to make you feel comfortable. SC is under no obligation to tell you anything, and you aren't under any obligation to buy or use the product.

But I'm not talking about a detailed license review. I'm just saying that it would be a good idea to ask for some details about what makes the product legal. For example, with regard to the GEM series product, we've explained in detail how we went about licensing the product and pointed customers to third-party documents that confirm that licensing arrangement.

Asking "Is this legal?" and accepting "Sure it is" as a response is probably not a thorough enough inquiry to reduce your damages if they were lying to you.


The dog ate my paper doesn't work in school and I asked the karaoke manufacture to show proof and they would not will probably not work in court.

But we need to keep in mind that while Jame's answer is technically correct, publishers simply haven't shown much interest in the common KJ. There is no money in it. They have shown a grand dislike for karaoke manufactures. So as of today, almost all of this is fairly moot. The ABC's would probably care if they came in to a place that wasn't paying fees and the music was stolen, but as long as it's paid for, they probably aren't going to ask much about where.

And the houie about discs being "safe" is just that,, Houie. When we buy a disc, we are buying the rights to the music. The plastic only means something to SC. If the fees are paid for downloads, they are just as "safe" as discs. The issue is with importing and I acknowledge that point. Over all, the issue is with American publishing and their greed versus the disc makers that they feel tried to screw them. I'll submit that the downloads played in the UK where the PSR rights were paid are much safer than many of the discs played in the US. After all, there has been suit after suit after suit where a rights holder has gone against a karaoke manufacturer for rights infringement.

I know a two of you hired a lawyer so you feel you have the skinny on the whole deal. How many lawyers are there in the US? That's a rhetorical question but the actual answer is way far too many? How many of those lawyers agree? I'll submit the percentage is far lower than 50% as almost every case has opposing lawyers with polar opposite opinions. So with that many opinions, how do you know you got the absolute "right" one? You can't because you didn't because there is no "right" answer. The huge problem is there is no law regarding karaoke. So all people are doing is guessing and I will submit that an educated guess is better than one that isn't. But just as Jame's answer is a safe one that isn't quite practical, we could also assume that almost any other opinion will be an educated guess way far on the safe side. I'll also submit that James could present the exact same case with the exact same opposition to different courts and have as many different outcomes as the courts he presented in. Why? Because there is no exact law regarding karaoke and everything is just a guess.


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PostPosted: Wed Jun 11, 2014 7:43 am 
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It would be pretty silly for a venue that has their ABC licences not to display them along with their food and liquor licences.

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PostPosted: Wed Jun 11, 2014 8:42 am 
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chrisavis wrote:
kjflorida wrote:
Actually I do know it wont be me, based on the law as it now stands. Worst case scenario I am forced to return to playing discs as they were designed to be played. I have players ready and available and would have little difficulty flipping discs again. I would not like having to haul all the extra weight again however


Exactly what law or organization has granted you permission to display the lyrics in public?

Ahem... if you read what was posted you would understand the rights to play from disc was covered in the original licensing from the PUBLISHERS (those who OWN the rights in question) Yes it is dependent upon the 'alphabets' being paid by the venues. Since the OWNERS have stated I have the rights to use the discs I have no worries. The laws may change at some point in time but currently I will follow the laws as they stand. If you wish to have the same info in writing from the publishers I suggest you do as my wife has done and develop a relationship with the publishers.


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PostPosted: Wed Jun 11, 2014 9:03 am 
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The OWNERS are still going after manus, disc or not. So if you can't be sure the manus have permission, what makes you think you do? And SC has stated on this thread that they will not give out specific information. But let me be clear that this isn't a SC thing. It's an American Manu thing, disc and downloads.


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PostPosted: Wed Jun 11, 2014 9:38 am 
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Alan B wrote:
Lonman wrote:
I'm willing to bet the publishers are going to start targeting kj's with 'no fly list' artists of ANY manu of any format.

So, if you already purchased the discs that these artists are on BEFORE the "no fly list" went into effect, can you still use them in your shows?
I'm going to. Again if it happens it happens.

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PostPosted: Wed Jun 11, 2014 9:40 am 
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kjflorida wrote:
chrisavis wrote:
kjflorida wrote:
Actually I do know it wont be me, based on the law as it now stands. Worst case scenario I am forced to return to playing discs as they were designed to be played. I have players ready and available and would have little difficulty flipping discs again. I would not like having to haul all the extra weight again however


Exactly what law or organization has granted you permission to display the lyrics in public?

Ahem... if you read what was posted you would understand the rights to play from disc was covered in the original licensing from the PUBLISHERS (those who OWN the rights in question) Yes it is dependent upon the 'alphabets' being paid by the venues. Since the OWNERS have stated I have the rights to use the discs I have no worries. The laws may change at some point in time but currently I will follow the laws as they stand. If you wish to have the same info in writing from the publishers I suggest you do as my wife has done and develop a relationship with the publishers.


You aren't answering the question......

Quote:
Exactly what law or organization has granted you permission to display the lyrics in public?

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PostPosted: Wed Jun 11, 2014 9:53 am 
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Lonman wrote:
Alan B wrote:
Lonman wrote:
I'm willing to bet the publishers are going to start targeting kj's with 'no fly list' artists of ANY manu of any format.

So, if you already purchased the discs that these artists are on BEFORE the "no fly list" went into effect, can you still use them in your shows?
I'm going to. Again if it happens it happens.

I just chatted with support on Tricerasoft about all of this. This is off the record but I asked that they make an official statement here.

One point made is: The no fly list and the Universal ban is for KJs as well, whether you purchased discs or downloads. They have already adjusted their offerings just like most others have and they see no other changes in sight. Having said that, the point was also made that this is a money thing and the chance Universal comes after a KJ is slim and none because there simply isn't any money in it. So it affects sellers the most.


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